Assault with a deadly weapon is a category of offense falling under N.J.S.A. 2C:12-1(b). There are several ways someone can be charged with aggravated assault when a “deadly weapon” is involved in an incident. Irrespective, this variety of assault is always a felony criminal offense. Accordingly, it is very much in your best interest to seek the assistance of experienced legal counsel if you are facing an assault with a deadly weapon charge. An attorney at our firm, The Law Offices of Jonathan F. Marshall is available immediately at 862-203-4070 to provide the assistance you need. We have been representing clients charged with various assault offenses including aggravated assault, simple assault, terroristic threats, eluding, carjacking and burglary in Passaic County for over a decade. Our office has extensive experience representing clients charged with various different assaultive crimes in towns like Hawthorne, Paterson, Wayne, Clifton, Little Falls, Passaic City and Woodland Park.
Aggravated Assault with a Weapon Lawyers in Clifton NJ
What Is a “Deadly Weapon” Under NJ Law?
Accurately defining what constitutes a “deadly weapon” is the first step in understanding this form of assault. Pursuant to N.J.S.A. 2C11-1, deadly weapon refers to any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury. What is imperative to understand is that while an object may not, in and of itself be a weapon at all, let alone deadly, it nevertheless may be transformed into one by virtue of the fact that can be used in that manner. An example of such an item might be a candle stick — it obviously isn’t a weapon but striking someone with it could cause bodily injury. Accordingly, an individual could commit an assault with a deadly weapon by striking another with this object.
Paterson NJ Third Degree Aggravated Assault Attorney
As previously stated, assault with a deadly weapon can result in a third degree crime or fourth degree crime. The following is a breakdown of of those scenarios where a deadly weapon results in a third degree charge:
- The defendant negligently causes bodily injury to another with a deadly weapon on any of the following individuals; law enforcement officer, fireman, medic, school employee, judge, child protection agency employee, bus or rail employee, correctional officer, utility worker, or health care employee while that person is identifiably in the performance of their duties;
- The defendant attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon;
- The defendant knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, at or in the direction of a law enforcement officer; or
- The defendant knowingly points, displays or uses an imitation firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose.
Fourth degree aggravated assault with a deadly weapon results from the following:
- The defendant recklessly causes bodily injury to another with a deadly weapon; or
- The defendant knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm at or in the direction of another, whether or not the actor believes it to be loaded.
Assault With a Deadly Weapon Penalties in NJ
If convicted of a third degree offense for aggravated assault with a deadly weapon, then a defendant will face between three (3) to five (5) years in prison and up to a $15,000.00 fine. A conviction for fourth degree offense for aggravated assault with a deadly weapon carries up to eighteen (18) months in prison and a potential fine that can reach $10,000.00 fine. A Passaic County aggravated assault with a deadly weapon defense attorney is prepared to fight for you now at 862-203-4070.
